18 Development of community-based models to prevent detention International human rights standards establish that Governmental practices of alternatives to detention immigration detention shall be a measure of last take various forms, ranging from enforcement-based resort. This entails that detention can only be used alternatives (such as regular reporting to the if, in the individual circumstances of the case, certain authorities, release on bail or other securities) to conditions are met. Even when there is a legal ground community-based solutions.93 The least intrusive for detention, states should examine whether less measures should be used. 94 In the past years, invasive measures (e.g. alternatives to detention) can several governments have adopted policies and be applied instead of detaining the person.90 laws implementing community-based alternatives to detention.95 Community-based solutions allow Under EU and international law, “alternatives to people to live in the community while working on detention” can be applied solely when the grounds their migration procedures. Contrary to enforce- for detention are met. They may entail different ment-based solutions, which aim to control, restrict levels of coercion but cannot be applied outside the and deter migrants, community-based solutions cases where detention is possible, for instance when are grounded in engagement and holistic support. there is no reasonable prospect of removal. If there As underlined by the Council of Europe’s “Legal and is no legal ground for detention (for instance, no risk practical aspects of effective alternatives to detention of absconding), detention is not lawful, hence the in the context of migration,” provision of case man- person should not be detained at all. In this regard, agement is one of the key components of effective alternatives to detention must not be considered as alternatives.96 91 alternatives to unconditional release, and persons eligible for release should not be channelled into alternatives to detention.92 90 WGAD, Revised Deliberation No. 5 on deprivation of liberty of migrants, para. 18; SRHRM, Detention of migrants in an irregular situation, para. 73; CJEU, FMS, FNZ, SA, SA Junior v. Országos Idegenrendészeti Főigazgatóság Dél-Alföldi Regionális Igazgatóság, Országos Idegenrendészeti Főigazgatóság, C‑924/19 PPU, C‑925/19 PPU, (May 14, 2020), para. 293. See also P. De Bruycker, A. Bloomfield, L. Tsourdi, J. Petin (2015), Alternatives to Immigration and Asylum Detention. 91 See also PICUM, 2022, Immigration detention and de facto detention: what does the law say?, Q.7. 92 Ibid. 93 See PICUM, 2021, FAQ migration policies, detention and return. 94 Special Rapporteur on the human rights of migrants, 2020, Ending immigration detention of children and providing adequate care and reception for them, para. 73; Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families, General comment No. 5 on migrants’ rights to liberty, freedom from arbitrary detention and their connection with other human rights, para. 51. 95 International Detention Coalition, 2022, Gaining Ground. Promising Practice to Reduce and End Immigration Detention. 96 Council of Europe, Steering Committee for Human Rights, 2018, Analysis of the legal and practical aspects of effective alternatives to detention in the context of migration. For more information see EATDN and PICUM, 2020, Implementing Case Management Based Alternatives to Detention in Europe.